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O'Bannon ruling not a total loss for NCAA, conference commissioners say

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SEC Commissioner Mike Slive says the O'Bannon ruling "re-emphasizes the fact that we are going through a historic evolution of the landscape of college sports." (Mark Almond/malmond@al.com)
(MARK ALMOND)

While the ruling in the Ed O'Bannon antitrust case against the NCAA struck a crushing blow to amateurism in college athletics, conference commissioners reacting to the ruling this week preferred to see the glass as half-full.

While he admitted to being "not tremendously comfortable with any of it," Big 12 Commissioner Bob Bowlsbytold CBSSports.com it strikes a "middle ground" that shouldn't necessarily be seen as a total loss for the NCAA.

"I think it was a very nuanced and thoughtful decision and one that probably resides a lot closer to my philosophy of a student-athlete than what some of the other plaintiffs and others might view," Bowlsby said. "I think there is reason for hope."

In a 99-page ruling, federal judge Claudia Wilken issued an injunction barring the NCAA from prohibiting compensation for athletes for the use of their names, images and likenesses, ruling that NCAA restrictions on such compensation violated antitrust laws.

The ruling does, however, allow the NCAA to set limits on the licensing revenue that athletes can receive while enrolled in school, as long as that limit is not below the cost of attendance. It also allows the NCAA to set a cap on a trust fund for such compensation at $5,000 for every year an athlete is academically eligible to compete.

It also stopped short of allowing student-athletes to be compensated through third-party endorsements.

"This operates inside the higher education environment, and the fact that the payments for name, image and likeness can't be manipulated prior to departure from school, I think is a pretty significant distinction," Bowlsby said. "I don't think it's anybody's perfect solution, but I think it falls short of having an open marketplace where the individuals are differentially compensated."

While noting the momentous impact of the decision, SEC Commissioner Mike Slive focused on Wilken's recognition of the role played by academics in the collegiate athletics model in a statement released by the SEC on Monday.

"We are pleased that the judge recognized the educational component of college athletics, and the importance of integrating academics and athletics in this decision," Slive said. "There are a number of legal questions of some significance that must be answered to fully understand the ultimate consequence of this decision, and how to comply with it.

"Together with the change in NCAA governance that was approved just a day earlier, this decision re-emphasizes the fact that we are going through a historic evolution of the landscape of college sports and it is incumbent upon all of us to be thoughtful and deliberate in building a better future for our institutions and our student-athletes."

The NCAA is appealing the decision, but Wilken said the ruling will not be stayed pending appeal. In the meantime, Bowlsby said the NCAA must determine what the compensation limits will be -- and how that will be determined under the newly adopted governance model. He added, however, that he would be "very surprised" if all schools didn't participate.

Big Ten Commissioner Jim Delany, who testified during the trial, said in March that a victory for the plaintiffs in the case could cause schools in his conference to de-emphasize athletics. Big Ten spokesman Scott Chipman said Monday that Delany and the conference have no comment as they review the decision.